Walk It Through: Pulled Over In Washington
A name and address, a phone at a light, and the breath test warning.
Lights behind you on the interstate. The officer stops you for a traffic infraction.
Two things a person in this spot might do. Picking one shows what the law says about it.
One traffic stop and one arrest. Identification outside a traffic infraction, the THC limit, the field sobriety tests and the DUI sentence alternatives are not covered here.
A practice walkthrough, not a prediction of how any real one will go. Legal information, not legal advice.
Words this turns on
Terms with a legal meaning that is narrower than the everyday one. Each links to the definition and the authority behind it.
- Traffic infractionA noncriminal violation for which an officer may detain a person a reasonable time to identify them, check for warrants, check the license, insurance and registration, and issue the notice of infraction.
- Driving under the influenceDriving with an alcohol concentration of 0.08 or higher, or a THC concentration of 5.00 or higher, within two hours after driving, or while under the influence of or affected by liquor, cannabis or any drug.
- Implied consent warningThe warning after an arrest of the right to refuse the breath test and to additional tests of one's choosing, and that refusing means the license will be revoked or denied for at least one year.
- Personal electronic deviceA device it is a traffic infraction to use while driving on a public highway; holding it in either hand, composing, reading or browsing beyond a minimal touch, and watching video are all using it.